Q: Can my friend regain control of his own money?
He has cerebral palsey but had always handled his own money, maunly stock holdings given by his father. His father and mother have passed, his sister and bro in law now control his money in a trust. He has grown unhappy with this arrangement. Can he regain control over his money, apparently between one and two million dollars? His brother in law is super cheap with him, he is sick of it thank you.
A:
This question requires much more information to give a good answer. 1. it depends what type of trust. is it revocable, irrevocable, is it a special needs trust? 2. is your friend on government benefits? if so he would not want to have control over the assets as he would likely be disqualified from certain government benefits he is receiving. 3. is there a successor trustee appointed for the trust? If so, would he like them better? 4. is there a reason brother is being "cheap"? Possibly to avoid disqualifying him from government benefits.
A lot of time people get frustrated with Trustees who are trying to do their job correctly and other just arent aware of the limitations that a Trustee has. However, if the brother truly is not doing a prudent job providing for your friend under the terms of the trust, your friend can always petition the probate court to appoint a new trustee- however it should always be a last resort to get the courts involved in something that can be handled and kept private.
consult a local probate litigation attorney for information specific to your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
